Complaints

Badura obliges to deliver a product free from defects.

Complaints are dealt with on the basis of the provisions of the Act as of 23 April 1964, the Civil Code (Journal of Laws 2014, item 121), or the quality assurance, depending on the choice of the customer.

 

 

1. The complaint under the Civil Code

  • Badura is responsible to the customer if the product has a physical or a legal defect (warranty). The responsibility of Badura regarding the product’s defect is regulated by Article 556 et seq. of the Act as of 23 April 1964, Civil Code (Journal of Laws 2014, item 121).
  • If the product has a defect, the customer can file for apportioning of the price, or cancellation of the contract, unless Badura immediately and without undue inconvenience to the customer, replaces the defective product or the defect will be removed. This limitation does not apply if the product has already been exchanged or repaired, or Badura has not fulfilled the obligation to replace the product with a defect free product, or to remove the defect. The Customer may instead of an offered by Badura removal of the defect, require a replacement with the Product that is free of defects, or instead of the replacement of the product, require removal of the defect, unless it is impossible for the Product to comply with the Contract in a way chosen by the Customer, or it requires an excessive cost in comparison to the method proposed by the Badura. When evaluating excessive costs, we take into account the value of the defect-free product, the nature and importance of the defect, and the inconvenience that the Customer would otherwise face when using the other way of reimbursement. The reduced price should remain in proportion to the price set out in the contract, at which the value of the Product is proportional to the Product without fault. The customer cannot cancel the contract if the defect is insignificant.
  • If the product has a defect, the Customer can require an exchanged of the product for the defect-free, or a removal of the defect. Badura may refuse to refund a request of the Customer if a failure to comply with the contract by the defective product in a manner chosen by the Customer is not possible, or it would be unreasonably costly in comparison to the second possible method to comply with the contract.
  • In order to guarantee the best possible customer service, we ask you to attach the receipt or the VAT invoice for the returned products.
  • In the case of exercising the warranty rights, please submit the complaint to the store from where the products were sent.
  • In order to improve the process of complaint, please fill in the complaint form and attach it to the defective products (a link to the complaint form is at the end of the Terms and Conditions). The customer will receive the details on how the complaint will be handled within 14 days from the date of the complaint. If the Customer requests a replacement of the Product with the defect-free product, a removal of the defect or a price reduction, failure to respond to this request by Badura within the said period of time shall be considered as a justification of the claim.
  • In the event of the cancellation of the contract arising from the reasons set out above, to facilitate the complaint process, please attach the cancellation form (a link to the cancellation form is at the end of the Terms and Conditions).

 

 

2. Guarantee.

  • The products are covered by the quality assurance under the provisions set out in the Guarantee Card, which is included in each Product. Guarantee is valid exclusively in Poland.
  • Guarantee is granted by STUDIO 96 Sp. z o.o., Plebiscytowa street No. 3, 40-035 Katowice hereinafter referred to as the “Guarantor”.
  • Guarantee is valid only with the proof of purchase of the products,
  • Guarantee does not exclude, waive or otherwise limit the Customer's rights under the warranty for defects in the Products
  • The Customer shall exercise his rights under this Guarantee by filing a complaint in the store where the defective Products were purchased.
  • Guarantor ensures that the Products are free from defects in design and material. Guarantee includes only defects in design and material that are production-based defects. Guarantee does not cover any mechanical damage to the Products, damage resulting from the use of the Products, or damage resulting from improper use of the Products, including lack of a proper maintenance. In case of a design defect or a material defect of the Products that are production-based defects, the Guarantor will repair the Products free of charge. If, according to the Guarantor's opinion, removing the defect in the design or material by repairing the Products was impossible, the guarantor exchanges the Product for the a defect-free product.
  • The defects of the Products revealed during the Guarantee Period shall be removed in possibly shortest period of time, not exceeding 30 working days from the date when the complaint was filed. If, according to the Guarantor's opinion, removing the defect of the Product in the design or material was impossible, the guarantor exchanges the Product for the defect-free product within 30 working days from the date when the complaint was filed.
  • The guarantee for merchandise is granted for the period of 24 months from the date of sale.
  • Guarantor shall not be liable for any damages resulting from the inability to use the Products.
  • Complains shall be submit to the store from where the products were sent to the Customer. In order to improve the process of complaint, please fill in the complaint form and attach it to the defective products (a link to the complaint form is at the end of the Terms and Conditions)

 

 

 

3.

  • The Customer has the possibility of having recourse to an out-of-court complaint and redress mechanism: applying to a permanent consumer arbitration court at the Trade Inspection to resolve a dispute arising out of a sales contract; applying the Provincial Inspector of Trade Inspection to request mediation proceedings on the amicable settlement of the dispute between the Customer and Badura; for this purpose, the request should be submitted to the appropriate Provincial Inspector of Trade Inspection (depending on the type of proceedings, the request for mediation or the application for the case to be decided before an arbitrary consumer court). Forms are available in the administration office of any consumer court, as well as on the website of the Provincial Inspectorates of Trade Inspection).
  • The Customer may receive free assistance in the disputes between the Customer and Badura through the County (Municipal) Consumer Ombudsman.
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